Roberto Diaz v. State

• Court: Court of Appeals of Texas
• Decided: August 2, 2007
• Docket: 01-07-00257-CR
• Status: Published

Opinion

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-07-00257-CR

ROBERTO DIAZ, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 339th District Court

Harris County, Texas

Trial Court Cause No. 885722

MEMORANDUM OPINION

We lack jurisdiction to hear this appeal. The trial court sentenced appellant, Roberto Diaz, and signed a final judgment in this case on January 25, 2007. Appellant did not file a motion for new trial, and the deadline for filing a notice of appeal was Monday, February 26, 2007, because the thirtieth day after sentencing fell on a weekend. Tex. R. App. P. 4.1(a), 26.2(a)(1).

Appellant filed his notice of appeal on March 16, 2007, 18 days after the deadline. The notice of appeal was deposited in the mail on March 12, 2007 according to the postmark on the copy of the envelope included in the clerk's record. Because the notice of appeal was mailed after the filing deadline, it did not comply with Rule 9.2 of the Texas Rules of Appellate Procedure, the "mailbox rule." See Tex. R. App. P. 9.2(b).

An untimely notice of appeal fails to vest the appellate court with jurisdiction to hear the case. Slaton v. State, 981 S.W.2d 208, 209-10 (Tex. Crim. App. 1998); Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996); Douglas v. State, 987 S.W.2d 605, 605-06 (Tex. App.--Houston [1st Dist.] 1999, no pet.).

Accordingly, we dismiss the appeal for lack of jurisdiction.

We dismiss as moot any pending motions.

It is so ORDERED.

PER CURIAM

Panel consists of Justices Taft, Jennings, and Alcala.

Do not publish. Tex. R. App. P. 47.2(b).